Jump to Content Jump to Main Navigation
Prosecutor v Chea (Nuon) and Samphan (Khieu), Decision on evidence obtained through torture, Case No 002/19-09-2007/ECCC/TC, Doc No E350/8, ICL 1643 (ECC 2016), 5th February 2016, Extraordinary Chambers in the Courts of Cambodia [ECCC]; Trial Chamber [ECCC]

Reporter(s)

Liemertje Sieders

Prosecutor v Chea (Nuon) and Samphan (Khieu), Decision on evidence obtained through torture, Case No 002/19-09-2007/ECCC/TC, Doc No E350/8, ICL 1643 (ECC 2016), 5th February 2016, Extraordinary Chambers in the Courts of Cambodia [ECCC]; Trial Chamber [ECCC]

Whether the standard of proof for establishing that a statement was made under torture was that there was a ‘real risk’ of that statement having been made under torture, and who bore the burden of proof.

Whether the scope of the exclusionary rule under Article 15 of the Convention against Torture extended to (and thereby excluded the admission of) evidence not inherently tainted by torture.

Whether the scope of the exception to the exclusionary rule permitted the use of torture-tainted evidence against a person accused of torture for purposes other than proving the truth of the matter asserted in the statement.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.